The murder of Ahmaud Arbery

[Weezer]

Yeah, we'll see where that goes. He has been interviewed at least once that I know of, and likely more than once by more than one agency. Once GBI came onboard, things moved pretty fast.

As for the conversation regarding a "burglary", OCGA 16-7-1 lays it out (try Justia.com to read it for yourself), but the basic elements of a burglary are that a person "without authority", "with the intent to commit a theft or felony therein", "enters or remains in a ________ ." (several options here).

So, wrt Mr. Arbery, he did enter...and we can assume without authority. Problem is, there's no evidence at all of "intent to commit a theft or felony therein." Two out of three is good in baseball, but it won't net you a burglary arrest in Georgia.

No burglary. Plain and simple. Criminal Trespass? Maybe, but only if (a) he had been previously warned by the property owner or law enforcement not to enter the property, or (b) it was properly posted. On that point, I don't know the facts, but if there's no burglary, there's no legal citizens arrest, and at that point you're trying to make chicken salad out of chicken sh*t.

And lest we forget, Georgia law allows for resistance to what is believed to be an illegal arrest. Not much noise on here about that little nugget.

Take a deep breath, and let this all play out. Like I said before, it's about to get interesting in these parts...

Thank you for the insight.

 

[VolunteerHillbilly]

Is the person who shot the video the contractor for construction site? If so, and depending on where this started, this may spill over into a business owner's right to detain a shoplifter, which does carry over to some right to pursue if they try to flee. If that is the case, I am starting to understand the no charge by the first two prosecutors and the third wanting to wait for a grand jury presentment.

 

[Rasputin_Vol]

There’s a difference between saying someone’s actions were dumb and disagreeing with them and interpreting what the law actually says

Does GA state law address incidences where a death occurs as a result of someone's dumb actions?

 

[Rasputin_Vol]

I said it when the story broke, the family should drop the jogging story. The fact remains he didn't steal anything and the response to him walking into a house under construction -- which plenty of people have done without incident -- is completely unjustified. The jogging story is going to look like an attempt to gin up sympathy when the true facts alone are sufficient for that.

I really wish we had more of this evillawyer... Everything you said here is spot on.

 

[Weezer]

Gonna go with GreyWolf here. He's a LEO in the state of GA. I think he has a better grasp of GA law than just about anyone else here.

 

[Rasputin_Vol]

Can't say that I have either, but I have family members who absolutely would, without a second thought. I wouldn't want them hunted down and shot for essentially being nosy.

I've done it several times without second thought. But now I have to add one more thought in the back of my mind to avoid doing so I don't get wrongly caught up in a life threatening situation. Y'all make it hard for a brother out here...

 

[evillawyer]

SIAP. Video of Arbery walking to the house, not jogging. They need to drop the jogging narrative.

Cops review new video of man who appears to be Ahmaud Arbery

 

[Weezer]

I've done it several times without second thought. But now I have to add one more thought in the back of my mind to avoid doing so I don't get wrongly caught up in a life threatening situation. Y'all make it hard for a brother out here...

Just don't do it in Ricky's neighborhood.

 

[Rasputin_Vol]

The guy in the second car was only filming. Not chasing him

Now that is BS.

 

[Rasputin_Vol]

Lol seeking him? He’s been cooperating and hasn’t been charged with anything

Man who recorded the Ahmaud Arbery shooting has been receiving threats, attorney says

Semantics... I think when he was saying "seeking", he wasn't necessarily saying that the guy was on the run or that the authorities were looking for him. I interpreted it as looking for more info on him to see if they bring him into custody also.

 

[VolnJC]

SIAP. Video of Arbery walking to the house, not jogging. They need to drop the jogging narrative.

Cops review new video of man who appears to be Ahmaud Arbery

Jmo but I think these guys probably need to be charged with something but I do have questions
1) Did he walk to the neighborhood or drive?
2) Was this site recently burglarized?
3) Did Arbery match the description of the person who had committed burglaries in the neighborhood.. including gun theft?
4) Does he have a history of thefts?

 

[NurseGoodVol]

Lol I dont work directly in law enforcement anymore but I bet you and your bar buddies really hate police, since most have been arrested before.

From what I understand they have been charged. I think the misstep was believing they could citizens arrest and hold him. I'm still not understanding Aubrey trying to physically challenge someone with a gun. Makes no sense.

 

[evillawyer]

Jmo but I think these guys probably need to be charged with something but I do have questions
1) Did he walk to the neighborhood or drive? Irrelevant
2) Was this site recently burglarized? Not that we know of. No official police reports of burglaries.
3) Did Arbery match the description of the person who had committed burglaries in the neighborhood.. including gun theft? No police reports of burglaries.
4) Does he have a history of thefts? One shoplifting.

See above

 

[Rasputin_Vol]

So a guy who drives in his car and never gets out and films the incident should be charged with murder in your eyes?

Since you are all about the letter of the law...

In Georgia, if a death occurs during the commission of any other felony, it is automatically felony murder.

O.C.G.A. 16-5-1 (2010)
16-5-1. Murder; felony murder

(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.

(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.

(c) A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.

(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.

 

[RockyTop85]

Not saying that but look at Georgia’s definition of burglary which is a felony

2014 Georgia Code :: Title 16 - CRIMES AND OFFENSES :: Chapter 7 - DAMAGE TO AND INTRUSION UPON PROPERTY :: Article 1 - BURGLARY :: § 16-7-1 - Burglary

Which does appear to fall under GAs state law for detaining/citizens arrest.

Defense is going to have a field day with what the three laws actually state (citizen arrest, concealed carry, self defense)

What felony or theft did he intend to commit within the building?

 

[Septic]

What felony or theft did he intend to commit within the building?

A black man inside a building is clearly there to rob it. /s

 

[1972 Grad]

A black man inside a building is clearly there to rob it. /s

Not on a new house build. It would be too much like work to steal anything.

 

[NurseGoodVol]

SIAP. Video of Arbery walking to the house, not jogging. They need to drop the jogging narrative.

Cops review new video of man who appears to be Ahmaud Arbery

That complicates things a bit. I see a police cruiser go by 5 min after he left the house. While he's in there, 2 neighbors are in their yards looking at the house before he runs from the house.
Can you detain someone in Georgia under citizens arrest? I would think that would be the job of the police.

 

[Orangeslice13]

lmao You really think you're looking at this without bias? My arguments aren't based off of "feelz". I'm going by what I've seen and read, The lengths these two dumbasses took far overstep citizen's arrest. Not sure how you're not seeing that, other than you just don't want to see it.

I’m an avid gun owner and gun rights guy.
These two morons should absolutely be prosecuted. This wasn’t self defense. They created this situation by chasing the victim down.

 

[evillawyer]

I’m an avid gun owner and gun rights guy.
These two morons should absolutely be prosecuted. This wasn’t self defense. They created this situation by chasing the victim down.

But I thought mo guns=mo safe?

 

[1972 Grad]

Now, Atlanta Mayor Ms. Black Bottoms, has declared that Trump's rhetoric gave permission for the black man to be shot. I'm glad to see that Trump has been blamed for that, too.

 

[Weezer]

I’m an avid gun owner and gun rights guy.
These two morons should absolutely be prosecuted. This wasn’t self defense. They created this situation by chasing the victim down.

Personally, I don't really see it as a gun rights' case, other than gun owners should behave in a responsible way with their firearms. If anything, responsible gun owners should be even more pissed off because it's idiots like this that create the basis for anti-gun arguments.

 

[Bigun]

They're gonna need a lot more than that to exonerate these guys. Who here hasn't trespassed on a construction site?

I didn't post to try and exonerate these guys. Just was posting because you had asked if there was evidence of him being on video. To me this changes nothing about their murder charges.

Although I would hope it might change the false narrative he was just out for a jog.

 

[Orangeslice13]

But I thought mo guns=mo safe?

The gun isn’t the issue here.
A ax or knife produces the same results.
The issue is the confrontation.
I promise you in my house more guns absolutely equals more safe. We are all very well trained in how to use them properly.
Others being stupid doesn’t negate my right to remain safe in my home

 

[Weezer]

Personally, I don't really see it as a gun rights' case, other than gun owners should behave in a responsible way with their firearms. If anything, responsible gun owners should be even more pissed off because it's idiots like this that create the basis for anti-gun arguments.

But I thought mo guns=mo safe?

Case in point.